11 week limit and misplaced medical

On the 30th of September DWP will of had 11 week to look at my DLA decision again, however they have spent since the 15th July trying to find and send me a copy of the ATOS medical which will lead to me challenging the evidence on multiple grounds.

Although without sight of form it is pretty impossible to do this accurately.

I was wondering if anyone could tell me where I stand if they cannot find their medical evidence. Will they need to make decision on claim based on the evidence they have from me which includes multiple medical letters from different specialists, 2 supporting statements and a Dr's letter or can they hold off doing this indefinitely because they can't find the information?

From reading another post I could make a subject access request which has a definite time limit on them supplying information - might this be better to do now rather than wait till the 11 week timescale they gave me after asking for review of their decision.

redmingum wrote: On the 30th of September DWP will of had 11 week to look at my DLA decision again, however they have spent since the 15th July trying to find and send me a copy of the ATOS medical which will lead to me challenging the evidence on multiple grounds.

Although without sight of form it is pretty impossible to do this accurately.

I was wondering if anyone could tell me where I stand if they cannot find their medical evidence. Will they need to make decision on claim based on the evidence they have from me which includes multiple medical letters from different specialists, 2 supporting statements and a Dr's letter or can they hold off doing this indefinitely because they can't find the information?

From reading another post I could make a subject access request which has a definite time limit on them supplying information - might this be better to do now rather than wait till the 11 week timescale they gave me after asking for review of their decision.

Hi r,

The DM should take into consideration "All" of the medical evidence that they have, from you and the ATOS "Doctor".

If they have lost the ATOS report, which I think is what you are implying, then they could hardly cite it as evidence.

It may be purely that they are not complying with your request to provide copy of it, rather than them having lost it.

We always advise that any request for personal information should be made formally, in writing.

You can use a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

You should address the SAR FAO The Data Controller, you can write DPA 1998 SAR in top, left, front of envelope.

This should ensure that it is directed to the Data Control Dept.

Sending Documents to the DWP or ATOS

Once that they have received the SAR, they have 40 calendar days to comply.

If they don't, you can complain to The ICO :

www.ico.org.uk/for_the_public/personal_information

You can send the SAR now.

bro58

Thanks I'm pretty sure they have lost it rather than refusing to send it, as i've made it clear if decision does not go in my favor i will appeal which would mean having to send me the report anyway. I've had to go to appeal twice before and it's always felt that the appeal board are supportive once they've seen me walk in and go through the problems i have. Both times i was successful but I'd rather not have to go through the experience again as it's distressing having to explain all your needs to strangers.

However the SAR seems a good idea (I'm currently going through my DLA file to check dates etc to get the information I want included in the request), there is a time limit on them providing the information if I've understood the SAR process which means they either find it or have to officially say it can't be found. Either of these should mean they have to look at their decision and make a new decision based on all the evidence.

I'm not that worried about them awarding benefit as letter from my GP included a line about spending hours in soiled bedding as a result of incontinence and movement disorder. With multiple episodes of nighttime incontinence that should hopefully meet condition for care component. It's just the time it'll take them to get all the evidence together to make decision as it is in the right department and only waiting them to pull up ATOS report to finalize their decision.